Criminal Law

Non-fatal Offences Cases

AG’s ref (No. 6 of 1980) [1981] QB 715

Key Point

• Consent is not a defence to fighting or whenever actual bodily harm is intended or caused

Facts

• D and V agreed to fight each other
• The judge directed the not to find guilt if V consented and D used only reasonable force, D was consequently acquitted

Issue

• A certified question was made to the Court of Appeal as to whether consent is a valid defence to assault arising out of fighting

Held (Court of Appeal)

• Consent is not a valid defence

Lord Lane CJ

• ‘…it is not in the public interest that people should try to cause, or should cause, each other actual bodily harm for no good reason. Minor struggles are another matter…it is immaterial whether the act occurs in private or in public’
• However, exceptions apply to ‘properly conducted games and sports, lawful chastisement or correction, reasonable surgical interference, dangerous exhibitions, etc. These apparent exceptions can be justified as involving the exercise of a legal right, in the case of chastisement or correction, or as needed in the public interest, in the other cases.’